Contract brief

Legal issues

Naturally, there will be a requirement to ensure that the works are compliant with all statutes and that all consents are obtained. It is also worth indicating if there are any other project-specific issues, i.e. if it is a listed building or located within a conservation area.

Any legal issues should be highlighted such as the need to obtain any party wall awards, licences, rights of light issues, etc.

There may be other legal agreements to abide to, such as agreements for leases or development agreements. A typical, but not exhaustive, list is as follows:

• planning permission;
• listed building consent;
• conservation area consent (when demolishing);
• advertisement consent;
• building regulations approval;
• highways approval;
• party wall awards;
• rights of light;
• oversailing or scaffolding licences;
• development agreements; and
• agreement for lease.

Health and safety

There will be an implied obligation to comply with health and safety regulations such as the Construction (Design and Management) Regulations 2015. Since the issue of these updated regulations, there is an increased obligation to consider health and safety aspects at the outset of the project in order to reduce the risks involved by sensible planning from start to finish.

It is recommended that the opportunity be taken to express other known issues, such as existing asbestos containing materials (or existence of an asbestos register). Another example might be where part of a shop will continue to operate while works are undertaken and, fire safety being a concern, the implications of working around occupied buildings at the outset needs to be known. This sort of information should be considered at an early stage and communicated as soon as possible.

Notwithstanding the above, it will be the client's obligation to provide relevant existing and record information to the design team and the contractor. Failure to provide available information such as an asbestos register, when undertaking works is a criminal offence and is punishable with significant fines and in certain instances custodial sentencing.

Typical health and safety legislation which must be complied with is:

• Construction (Design and Management) Regulations 2015
• Control of Asbestos Regulations 2012
• Health & Safety at Work etc Act 1974
• Clean Air Act 1993
• The Control of Substances Hazardous to Health Regulations 2002
• The Regulatory Reform (Fire Safety) Order 2005
• Environmental Protection Act 1990

Sustainability

The topic of environmental sustainability has grown in importance in construction projects over the past decade. Local authorities and central government continue to push for stricter compliance through the planning and building regulation frameworks and, in recent years, clients and end-users have increased their own ambitions to provide lower energy, lower carbon buildings. 

Including sustainability in the brief at the early stages of a project can ensure a sensible and well considered attempt is made to reduce waste and energy use, avoiding the mistake of adding ‘green bling’ as an expensive or ineffective afterthought.